By Mudliyar –
Conduct and demeanor of the Judges in the Supreme Court has now reached unimaginable heights under Mohan Pieris, the new Chief Justice, de facto, which may probably the worst, some witnessed on February 26,2013, in the Supreme Court in Sri Lanka since independence. No one had ever heard that Judges in the Apex Court use sign language to invite the pressmen to the chamber to discuss as to how what transpired in the Court house should be reported, but this is what exactly happened after the hearing of the Revision Application of the Colombo Dockyard case was over. Justice Shiranee Thilakawardane, in the open Court called the reporters to her chamber to advise them how to avoid adverse submission made by the Counsel for the Petitioner, exposing the gross misconduct and dishonesty of Mohan Pieris, the then AG. Reporters never thought that call made in the open court was directed at them until the peon was sent for them, calling them to come to the Chambers of Thilakawardae J.
When they reported at her chambers they were duly advised as what to report in the media, with specific instructions given to avoid all references made against Mohan Pieris’s misconduct and dishonestly revealed in the open Court by the Petitioner’s Counsel. Later on the same day a hurriedly written uncertified judgment (reproduced here for your reference) signed by all three judges was given to ‘facilitate’ the media men with their reporting.
According to the facts presented in the Court in this case, with overwhelming evidence backed by a statement by the Director General of Customs, Sudharma Karunarathna, revealed that the AG, Mohan Pieris was directly responsible not only for deceiving the DGC but also deceiving the Supreme Court, when the AG withdrew the Supreme Court action (SC/SLA/100/2010) filed against the Colombo Dockyard Ltd (for misappropriation of public funds of over 619 million rupees) disregarding the written instructions of the DGC. In this case the AG had deceived the Supreme Court that he was withdrawing the said Court action with full agreement of the DGC, which the DGC has completely refuted in her written statement to the AG, which however was suppressed by the AG to the Court, but the Petitioner filed had filed in Court with another statement by the DGC which states as follows ‘in my view the conduct (of Mohan Pieris) amounts to professional misconduct and professional dishonesty’.
According to the case schedule of the day (01-02-2013) this case was due to be taken up at Court No 502, before a Bench chaired by Marsoof J. However just before the Court sessions were commenced, an announcement was made in the Court, that this particular case had been transferred to Court No 403, before a bench headed by Ratnayake (other two being Hettige J, the former Senior State Counsel and Eva Wanasundera, the former AG). Ratnayake J had already informed that he would not take part in the hearing ‘for personal reasons’. Interestingly Justice P.A. Ratnayake’s signature also in the written uncertified judgment, which was given to the press by Justice Shiranee.